The internal report of the TC proposes to reject the Ombudsman's appeal in the 'grandchildren law': "It is premature"

The report prepared by the legal service of the Constitutional Court on the appeal for protection presented by the Ombudsman after the suspension of the 'grandchildren law' proposes its outright inadmissibility.

In the internal note distributed to the magistrates, to which EL MUNDO has had access, Ángel Gabilondo's appeal is considered "premature." "Given that the amparo process is a subsidiary means of protecting fundamental rights, this appeal must be considered premature, since it is proven that it was filed while there was still an open door for a ruling from the ordinary jurisdiction. The appeal, therefore, does not respect the principle of subsidiarity from which the requirement of exhaustion of the prior judicial remedy derives," the document reads.

The report, requested by the rapporteur magistrate Enrique Arnaldo, highlights that "the constant doctrine of this court in matters of precautionary protection maintains that not every violation of procedural rules and rights produced in the processes related to the adoption and execution of precautionary measures is susceptible to becoming the object of the amparo appeal."

The document also notes that "it is certainly unusual" for the Ombudsman to file appeals for protection since he has only filed eleven appeals for protection in the entire history of the institution, the last of them in 2015. "In none of them has the adoption of precautionary measures with respect to a judicial resolution been requested," the report emphasizes.